POLSCI 1G06 Lecture 1: Political Science Federalism Lecture 5
19 Dec 2016
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Thursday, January 28, 2016
Political Science Federalism Lecture 5
Political Science 1G06 2016 II Lecture 5a Federalism
-Canada is a Federation
-This means that both the Federal Government (in Ottawa) and the Provinces possess
separate powers
-And neither level of Government is, technically speaking, subordinate to the other
within its area of jurisdiction
-They are both (at least in theory) sovereign within their respective spheres
-The separation of power between the Federal government and the Provincial
governments is entrenched in the Canadian Constitution
-Bearing in mind that the Canadian Constitution is composed of the numerous
elements that we looked at last week
Elements of Federalism
1. Areas of Provincial and Federal jurisdiction are outlined in the Constitution Act, 1867
-Each level of government is granted constitutional power in certain areas – areas
over which it has exclusive legal sovereignty
-Section 92 lays out 16 specific areas where Provinces have exclusive jurisdiction
-E.g. public lands, property and civil rights, health care, etc.
-The power of the Federal government is established in Section 91
•Section 91 establishes:
“It shall be lawful for the Queen, by and with the Advice and Consent of the
Senate and House of Commons, to make Laws for the Peace, Order and good
Government of Canada, in relation to all Matters not coming within the Classes of
Subjects by this Act assigned exclusively to the Legislatures of the Provinces; and for
greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this
Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive
Legislative Authority of the Parliament of Canada extends to all Matters coming within
the Classes of Subject next hereinafter enumerated…””
-Subsequently lists 29 areas of exclusive Federal jurisdiction
-Trade and commerce, defence, banking, criminal law, etc.
-Section 95 – concurrent powers: Agriculture, immigration
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Document Summary
Political science 1g06 2016 ii lecture 5a federalism. This means that both the federal government (in ottawa) and the provinces possess separate powers. And neither level of government is, technically speaking, subordinate to the other within its area of jurisdiction. They are both (at least in theory) sovereign within their respective spheres. The separation of power between the federal government and the provincial governments is entrenched in the canadian constitution. Bearing in mind that the canadian constitution is composed of the numerous elements that we looked at last week. Elements of federalism: areas of provincial and federal jurisdiction are outlined in the constitution act, 1867. Each level of government is granted constitutional power in certain areas areas over which it has exclusive legal sovereignty. Section 92 lays out 16 speci c areas where provinces have exclusive jurisdiction. E. g. public lands, property and civil rights, health care, etc.
